A Federal High Court hearing on a lawsuit filed by Dangote Petroleum Refinery against the issuance of oil import licenses to certain marketing companies hit a snag on Monday in Abuja. The case, which was due for hearing before Justice Inyang Ekwo, could not proceed as Dangote Refinery failed to serve its amended summons to the defendants.
Dangote Refinery, which is seeking to stop the issuance of licenses to the NNPCL and five other oil firms, claims that the licenses violate the Petroleum Industry Act (PIA) by allowing imports despite no product shortages. The company is asking the court to annul the licenses and award it N100 billion in damages.
During the proceedings, Dangote’s lawyer, George Ibrahim, explained the delays in serving the court documents, citing a motion to amend the originating summons filed late last year. However, NMDPRA’s counsel, along with lawyers for the other defendants, stated that they had not been properly served with the new filings.
The case was adjourned until January 30 for further motions, as Justice Ekwo expressed frustration over the lack of preparation. NMDPRA and the oil marketers have argued that the licenses are necessary due to Dangote’s inability to meet national petroleum demand and to promote competition in the sector.
The battle continues as the court weighs the claims and defenses in a case that could impact Nigeria’s oil industry.
The defense counsel for Oba Otudeko, Chairman of Honeywell Group, appeared in a Lagos Federal High Court on Monday to protest the charges of N12.3 billion fraud against him. Otudeko, alongside two co-defendants, was expected to face the charges, but his lawyer, Bode Olanipekun (SAN), argued that the charges had not been properly served on the defendants.
Olanipekun, who represents Otudeko, former First Bank MD Olabisi Onasanya, and former Honeywell board member Soji Akintayo, raised the issue in court, challenging the legal process. The trio, along with Anchorage Leisure Ltd., is facing 13 counts of fraud brought against them by the Economic and Financial Crimes Commission (EFCC).
The EFCC alleges that Otudeko and the others obtained the sum under false pretenses, with the charges still pending formal service to the defendants. The case has now been delayed until the legal matter of proper notification is resolved.
The Federal High Court in Lagos has ruled that the Federal Road Safety Corps (FRSC) does not have the constitutional authority to arrest or penalize drivers for using vehicles with faded number plates. The judgment was delivered by Justice Akintayo Aluko in a case marked FHC/L/CS/253/2024.
The suit was filed by Chinwike Chamberlain Ezebube, who challenged the FRSC’s actions regarding faded number plates. Justice Aluko stated that there is no legal provision empowering the FRSC to enforce penalties for faded number plates, emphasizing that the agency’s mandate is limited to ensuring road safety and regulating vehicular use on highways.
The court ruled that such enforcement powers fall outside the constitutional jurisdiction of the FRSC. In his suit, the plaintiff asked the court to determine the following questions; “Whether, pursuant to Sections 5(g) and 10(3)(f) of the Federal Road Safety Commission Act of 2007, the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, is not entirely responsible for the quality and durability of the vehicle number plates it produces.
“Whether the FRSC, being the sole designer and producer of vehicle number plates, is liable for any defects or poor quality resulting in the fading or peeling of the vehicle number plates.
“Whether the FRSC, as the sole designer and producer of vehicle number plates in Nigeria, has the right to penalize or threaten to penalize the plaintiff or other Nigerians for the fading or poor condition of the vehicle number plates it produces. “Whether the FRSC can make it an offense and impose penalties on the plaintiff or others for driving vehicles with faded number plates due to the poor quality of production by the FRSC.
“Whether the FRSC is obligated to replace faded number plates at no cost to the plaintiff or other Nigerians, particularly when the fading is due to poor manufacturing by the FRSC. Besides, the plaintiff sought for an order restraining the FRSC from declaring it an offense for the plaintiff to drive with a faded number plate.
“An order prohibiting the FRSC from imposing any fine or penalty on the plaintiff for driving with a faded vehicle number plate. “An order mandating the FRSC to replace the plaintiff’s faded vehicle number plate, LSD905EQ, or any other faded plates on his vehicle(s) at no extra cost, upon payment of the initial plate issuance fee and any other relief the court deems appropriate. In response, the FRSC, through its lawyer, B.O. Nnamani, filed a counter-affidavit and requested the court to dismiss the plaintiff’s suit with punitive costs.
After reviewing the case, including all filed documents and cited authorities, Justice Aluko ruled in favour of the plaintiff, addressing each of the questions posed. The judge held that while the FRSC cannot criminalise the use of faded vehicle number plates, the plaintiff has the responsibility to approach the FRSC for a replacement of his faded number plate upon payment of the appropriate fees.
Justice Aluko concluded that the FRSC does not have the authority to criminalise the use of faded number plates. Additionally, the FRSC cannot impose fines on the plaintiff or impound his vehicle on these grounds without an order from a court of competent jurisdiction.
The court in its final judgement made the following orders; “An order restraining the FRSC from declaring it an offense to drive with a faded vehicle number plate. “An order prohibiting the FRSC from imposing fines or penalties on the plaintiff for driving with a faded vehicle number plate..“An order directing the plaintiff to approach the FRSC for the replacement of his faded vehicle number plate, LSD905EQ, with the FRSC replacing it upon payment of the necessary fee.” -African Gazette
The Court of Appeal, Abuja Division, has adjourned the hearing of a motion filed by the Peoples Democratic Party (PDP) and its acting National Chairman, Amb. Umar Damagun, seeking a stay of execution until January 27, 2025. The motion aims to delay the enforcement of a judgment delivered on December 20, 2024, which confirmed Sunday Ude-Okoye, the former PDP National Youth Leader, as the party’s National Secretary.
The court had earlier issued an order that restrained the PDP from enforcing the ruling, instructing that Senator Samuel Anyanwu continue as the PDP National Secretary until the Supreme Court resolves the appeal. The PDP has been embroiled in internal crises since the 2023 elections, with many members blaming Damagun, an ally of former Rivers State Governor, Nyesom Wike, for the party’s troubles.
The issue stems from the South East zone of the PDP nominating Ude-Okoye as National Secretary after Anyanwu was selected as the party’s candidate for the Imo State governorship election. The PDP’s South East leaders argued that Anyanwu was no longer eligible to remain as National Secretary after accepting the governorship nomination.
On December 20, 2024, the Appeal Court in Enugu confirmed Ude-Okoye’s appointment, a ruling officially communicated to the party leadership on December 24, 2024. However, the PDP’s leadership sought to halt the judgment’s enforcement, which led to the filing of the motion for a stay of execution.
The Court of Appeal, Abuja Division, presided over by Justice Monica B. Dongban-Mensem and Justices Hamma Akawu Barka and Joseph O. Oyewole, has ordered that all parties maintain the status quo until the motion is decided on January 27, 2025. The court directed that no party should enforce or act on the judgment until the appeal is heard and determined.
Three Nigerians in the U.S. have been sentenced for their roles in a years-long fraud scheme targeting elderly victims. Authorities revealed that Fatai Okunola, 38, from Kalamazoo, received a sentence of over 10 years, alongside more than $730,000 in restitution for his involvement. Okunola’s sentence includes five years for making false statements during naturalization and 10 years for money laundering.
Two Dallas residents, Oluwaseyi Adeola, 34, and Ijeoma Adeola, 36, were also sentenced. Oluwaseyi was given nearly three years in prison, with about $410,000 in restitution, while Ijeoma received three years of probation and was ordered to pay nearly $49,000 in restitution.
The trio conspired with individuals in Nigeria to target U.S. residents, especially the elderly and vulnerable. They used fake identities online, often through social media or phone calls, to establish relationships with victims, convincing them to send money. The funds were channeled through various bank accounts and P.O. boxes, with Okunola also helping ship cars from the U.S. to Nigeria.
The scheme ran from 2017 to 2022, defrauding victims of over $2 million. U.S. Attorney Mark Totten emphasized that the defendants took advantage of modern technology, leaving victims financially devastated, some losing their retirement savings or taking out loans to cover the fraud.
The Federal Government is set to grant presidential pardons to convicts serving various jail terms across custodial centres in the country.
To initiate the process, the government on Wednesday inaugurated the Presidential Advisory Committee on the Prerogative of Mercy, with the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), as Chairman.
The committee includes representatives from the Nigeria Police Force, the Nigerian Correctional Service, the National Human Rights Commission, the Nigerian Supreme Council for Islamic Affairs, and the Christian Association of Nigeria, alongside other notable members such as Justice Augustine Utsaha, Prof. Alkasum Abba, Chief Akinlolu Olujinmi (CON, SAN), and Prof. (Mrs.) Nike Ijaiya.
Speaking during the inauguration, the Secretary to the Government of the Federation, George Akume, said Section 175 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) confers special powers of prerogative of mercy on the President.
He added that the Committee has a four-year tenure, and its membership is drawn from relevant Ministries, Departments and Agencies, as well as representatives of religious bodies and four eminent Nigerians.
Akume said, “Section 175 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) confers special powers of prerogative of mercy on the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria. This power enables the resident to grant pardon to any person convicted of an offence created by an Act of the National Assembly.
“In consequence of this Constitutional power, a Presidential Advisory Committee on Prerogative of Mercy is to be constituted as an administrative body with the mandate to provide and facilitate a seamless and smooth exercise of the power by the President. The Committee has a four-year tenure, and its membership is drawn from relevant line Ministries, Departments and Agencies as well as representatives of religious bodies, and four (4) eminent Nigerians.”
Speaking on behalf of the committee members, the AGF said his office had received an overwhelming number of requests for a presidential pardon.
He said, “Already, my Office has been inundated with applications for presidential pardon and clemency. We are to look into these applications and advise on their merits as appropriate. We assure Nigerians that we will carry out our assignment objectively in the public interest and the interest of justice. ”
Fagbemi noted that the committee’s assignments were not to undermine the decision of the courts but to carry out the duty the constitution mandates the president.
He said, ” We must also state that our assignment is in no way a review of the decisions of the courts but a discharge of a mandate imposed on Mr. President by the Constitution of the Federal Republic of Nigeria.
“After our assignment, the Committee would be required to present its Report and actionable recommendations for onward transmission to Mr. President for consideration and further directives.”
Fagbemi said in carrying out their assignment, the Committee members might need to visit Correctional facilities across the six geopolitical zones before making their recommendations.
He said, “The committee might be required to visit Correctional Facilities in various States of the Federation, cutting across the six Geo-political Zones of the country, beginning from where the last exercise ended, to critically appraise and identify potential cases of convicts and ex-convicts towards recommending them for Presidential Pardon or Clemency as appropriate.”
Recall that the last presidential pardon was granted under former President Muhammadu Buhari in 2022, with a total of 159 convicts receiving clemency.
Among those pardoned were Joshua Dariye and Jolly Nyame, a development that generated a lot of controversy.
Dariye, who served as Plateau State governor from 1999 to 2007, was sentenced to 14 years in prison for embezzling N1.16 billion. Similarly, Nyame, the governor of Taraba State from 1999 to 2007, received a 12-year sentence for misappropriating N1.6 billion.
The High Court sitting in Edo State has approved the sale of electronic copies of the laws of Edo State on the website of the Edo State Ministry of Justice for One Thousand Naira even where there are no hard copies of the same on shelves. In 2023, the applicant challenged the imposition of payment of One Thousand Naira to access the e-copy of the Edo State Persons Living with Disability Law from the website of the Edo State Ministry of Justice.
The centrality of the applicant’s case is that the exclusive digitization of law encumbers free access to the laws and by extension justice. The case was filed by the Initiative for Rural Development, Information and Legal Advocacy (RUDILAC) against the Attorney General of Edo State in suit no: B/28m/2024.
In this case, the applicant intends to access Edo State Disability Law but was asked by the administrator of the website to pay One Thousand Naira. The applicant went to the Edo State High Court and Edo State Library but could not find a hard copy of the law and then wrote to the State Governor for an explanation for the unavailability of the law in public places and later went to court for intervention.
The Applicant contends that the Edo State Government infringes on the Applicant’s right to receive information when it refuses to print hard copies of the Laws of Edo State. This is because there is an obligation on the Government to ensure citizens have unfettered access to the law passed and gazette by public notice.
The applicant further argued that laws are not textbooks; they must be published and available for free in public places in both soft and hard copies. Where laws are only on soft copies and accessible only via an internet connection, access is said to be restricted. This is because laws must be published by law and no law protects e-copy publication in Nigeria. Since law serves as an instrument of social change and control, restricted access discourages voluntary compliance and active civic participation.
The peculiarity of the Applicant’s case is that there is no hard copy publication of the Edo State Laws in public places or libraries. This fact was stated in the applicant’s affidavit in support of its application. The respondent denied it at the counter affidavit filed and said copies were on the shelf but the respondent failed to show proof of the laws on the shelf. The onus is on them to prove facts peculiar to their knowledge.
The applicant also canvasses that charging for access to electronic laws introduces an unwarranted financial impediment, particularly affecting the pro-poor. Furthermore, the legal landscape thrives on innovation and progressive research and granting free access to electronic laws invigorates legal professionals, scholars and researchers in a way that positions our state as a hub for legal advancement and innovation in a dynamic and evolving legal system.
The Edo State government’s defence is that for every guaranteed right under the Constitution, there is a corresponding duty and obligation that arises. They argued that the charge of N1000 to access the law constitutes the corresponding obligation on the part of the applicant to enjoy the right to information as guaranteed under section 39 (1) of the Constitution of 1999. They also argued that the essence of paying the N1000 charge is for administrative purposes to maintain the website and server
Hon. Justice Marry Nekpen Asemota of the High Court of Justice of Edo State held that “in the circumstance, can the applicant be said to have been denied access to the Disability Law of Edo State? I do not think so. If one may ask, had the applicant gone to a bookshop to purchase a hard copy rather than an e-copy from the website would the applicant not have paid for it? In my view, it would be stretching the rights guaranteed under section 39 of the Constitution too far for an applicant to insist on getting free access to an e-copy of the Edo State Persons Living with Disability Law or any other e-copy of any law for that matter without paying a token fee. This certainly would not be the intendment of the framers of the Constitution”.
Laws are typically public documents meant to be accessible to everyone. Where it is exclusive in soft copy, it may limit access for individuals who lack digital devices or internet access. Persons with Disability, face a variety of barriers including physical, technical and social. Where the law for these special persons is solely tied to online access, the high cost of the internet, poor internet infrastructure and the high cost of adaptive devices like screen readers; braille and specialized keyboards will impede access.
FOI Counsel has been at the forefront of promoting the rights of persons with disability through legal support. In 2019 assisted Unemployed Youths of Nigeria to institute a suit against the Federal Government of Nigeria for failure to reserve at least 5% minimum employment opportunities/ job quota for persons with disability during Department of States Service recruitment in 2020 as provided for in United Nations Convention on Rights of Persons with Disabilities, Protocol to the African Union on Right of Persons with Disability in Africa, the Constitution of Federal Republic of Nigeria and Discrimination against Persons with Disabilities (Prohibition) Act 2019.
Distinguished Guests, Organizers, and Participants,
I sincerely regret that due to prior commitments, I am unable to be physically present at the 21st Chief Gani Fawehinmi Annual Lecture (FAWEHINMIISM 2025), themed “NIGERIA, 15 YEARS AFTER GANI”, to engage in the enriching discussions that will unfold.
However, I am honored to send my heartfelt goodwill message to the distinguished audience and panelists, particularly to the Nigerian Bar Association, Ikeja Branch, for organizing this remarkable event in memory of the late Chief Gani Fawehinmi, a man whose indelible mark on human rights advocacy, public service, and the legal profession continues to inspire all of us. His legacy is one of courage, resilience, and unwavering commitment to justice for the common man.
As someone whose journey as a human rights activist began in my formative years under the mentorship of the legendary Gani Fawehinmi, I take great pride in the continued relevance of the issues that shaped my early legal career, including the protection of citizens’ rights, the importance of accountable governance, and the advocacy for equitable public policy. These same principles fuel my work today as the Minister of Aviation and Aerospace Development.
I commend the NBA Ikeja Branch for ensuring that the spirit of Fawehinmiism lives on, and for focusing this year’s lecture on the crucial topic of “Bretton Woods and the African Economies: Can Nigerians Survive Another Structural Adjustment Programme?” I trust that the insightful discussions that will take place today will serve as a platform for generating ideas that can guide our nation toward sustainable economic progress and social justice.
Though I cannot join you in person, I assure you that my thoughts and support are with you. I look forward to hearing the outcomes of the discussions, and I remain committed to supporting initiatives that promote the values of fairness, human rights, and socio-economic advancement.
Please accept my best wishes for a successful and impactful lecture.
Thank you.
Festus Keyamo, SAN, CON Minister of Aviation and Aerospace Development
I heartily congratulate the Branch Officers and members of the NBA Ikeja branch on the occasion of the 21st Gani Fawehinmi Annual Lecture.
I commend the branch for its steadfast commitment in promoting the rule of Law, human rights and also immortalizing the name of Chief Gani Fawehinmi SAN.
I am certain that the programme will be a very intellectually rewarding one, because of the caliber of speakers lined up.
Congratulations once again and I wish you a very successful event.
Afamefuna O. Okeke, Esq. AICMC Immediate Past Chairman NBA Abuja.
I most sincerely welcome all Nigerian lawyers, especially members of the NBA Ikeja Branch, as well as the general public to the 21st edition of the Gani Fawehinmi Annual Lecture holden on January 15, 2025 at the prestigiousAirport Hotel, Ikeja. The theme of the lecture, “Nigeria: 15 years after Gani,” provides all of us the legal practitioners, human rights activists, and the general public with the opportunity for an introspection on how effectively and efficiently we have navigated our Democracy and rule of law in Nigeria.
This year’s lecture focuses on the very important issue of our economy and poses a vital question for discussion, which is whether Nigeria and Nigerians can survive another structural adjustment programme in the face of serious economic hardships across the country. There is no better time to discuss the issue of our economy than now.
I therefore congratulate the Chairman, Mr Adeniyi Quadri, and the entire executives of the NBA Ikeja Branch for sustaining the values and ideals of the Branch through the Fawehinmism.
I wish all attendees a wonderful time at the lecture.
